Gardner v. State

Pearson, J.:

The question is whether the testimony of a witness given at a former trial in the same criminal proceeding is admissible on the ground of necessity when offered at a later trial, on behalf of the State. The witness was a resident of West Virginia. She came to Delaware and worked here temporarily. During that period, the earlier trial took place, and she testified on behalf of the State. She returned to West Virginia about November, 1945. In January or February 1946, she wrote the prosecuting witness that she would come back and attend the present trial. She did not do so. On…